Directive 2016/797 - Interoperability of the rail system within the EU (recast)

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1.

Current status

This directive has been published on May 26, 2016, entered into force on June 15, 2016 and should have been implemented in national regulation on June 16, 2019 at the latest.

2.

Key information

official title

Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (recast)
 
Legal instrument Directive
Number legal act Directive 2016/797
Original proposal COM(2013)30 EN
CELEX number i 32016L0797

3.

Key dates

Document 11-05-2016; Date of signature
Publication in Official Journal 26-05-2016; OJ L 138 p. 44-101
Signature 11-05-2016
Effect 15-06-2016; Entry into force Date pub. +20 See Art 59
Deadline 15-06-2016; See Art 54 And 55
16-06-2018; See Art 53.1
16-06-2019; At the latest See Art 54.4
16-06-2019; See Art 54.1 And 55
29-05-2020; See Art 57.2a
16-06-2020; See Art 54.4
31-10-2020; See Art 54.4
14-06-2021; See Art 50.1
16-06-2031; See Art 55.4
End of validity 31-12-9999
Transposition 16-06-2019; Adoption See Art 57.1
31-10-2020; Adoption See Art 57.2a
31-10-2020; Application See Art 57.2a

4.

Legislative text

26.5.2016   

EN

Official Journal of the European Union

L 138/44

 

DIRECTIVE (EU) 2016/797 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 May 2016

on the interoperability of the rail system within the European Union

(recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) and Articles 170 and 171 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

 

(1)

Directive 2008/57/EC of the European Parliament and of the Council (4) has been substantially amended several times. Since further amendments are to be made, that Directive should be recast in the interests of clarity.

 

(2)

In order to enable citizens of the Union, economic operators and competent authorities to benefit to the full from the advantages deriving from the establishment of a single European railway area, it is appropriate, in particular, to improve the interlinkage and interoperability of the national rail networks as well as access to those networks and to implement any measures that may be necessary in the field of technical standardisation as provided for in Article 171 of the Treaty on the Functioning of the European Union (TFEU).

 

(3)

The pursuit of interoperability within the Union rail system should lead to the definition of an optimal level of technical harmonisation and make it possible to facilitate, improve and develop international rail transport services within the Union and with third countries, and contribute to the progressive creation of the internal market in equipment and services for the construction, renewal, upgrading and operation of the Union rail system.

 

(4)

In order to contribute to the completion of the single European railway area, reduce the costs and duration of authorisation procedures and improve railway safety it is appropriate to streamline and harmonise authorisation procedures at Union level.

 

(5)

Metros, trams and other light rail systems are subject in many Member States to local technical requirements. Such local public transport systems are usually not subject to licensing within the Union. Trams and light rail systems are furthermore often subject to road legislation because of shared infrastructure. For those reasons, such local systems do not need to be interoperable and should therefore be excluded from the scope of this Directive. This does not prevent Member States from applying the provisions of this Directive to local rail systems on a voluntary basis if they deem this appropriate.

 

(6)

A tram-train is a public-transport concept which allows for a combined operation on both light-rail infrastructure and heavy-rail infrastructure. Member States should be permitted to exclude from the scope of the measures implementing this Directive those vehicles primarily used on light-rail infrastructure but equipped with some heavy-rail components necessary to enable transit to be effected on a confined and limited section of heavy-rail infrastructure for connectivity purposes only. When tram-trains use railway infrastructure, compliance with all essential requirements should be ensured, as well as compliance with the expected safety level on the relevant lines. For cross-border cases, competent authorities should cooperate.

 

(7)

The commercial operation of trains throughout the rail network requires, in particular, excellent compatibility between the characteristics of...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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